Class Act: Updates in Education Law

Combative, hostile, and sometimes even violent school board meetings are all over the news these days. School board members increasingly face displeased parents and other community members who want to share their views and opinions on controversial and difficult topics. Although a respectful exchange of ideas is the very goal of public participation, this noble objective seems more out of reach today than ever. How can school boards limit aggressive and inappropriate speakers while respecting the First Amendment rights of participants? What important steps can the board take in advance of meetings to assist in maintaining respectful decorum? What is viewpoint discrimination and how can it be avoided? Join Lisa, Sara, and Miriam for a closer look at how school boards can plan for and proactively address public meetings during these contentious times.

Previous seasons of this podcast, including Season One, are available at https://www.walterhav.com/podcasts-index/

We practice law, including special education law, at Walter Haverfield in Cleveland, Ohio, and we welcome your suggestions and comments. Please check us out at:

https://www.walterhav.com/professional/sara-g-katz/

https://www.walterhav.com/professional/lisa-h-woloszynek/

https://www.walterhav.com/professional/miriam-m-pearlmutter/

Lisa and Miriam discuss the recent Ohio Supreme Court ruling in Gabbard v. Madison, which is a case about whether Ohio school employees may carry weapons without full law enforcement training. The idea of teachers carrying weapons in school may seem either completely reasonable or totally irrational, but it is certainly a timely topic for all school board members, administrators, and staff. This episode explores the specific circumstances that led one school district to consider arming its staff, how the community responded, and what the Ohio Supreme Court held.

Previous seasons of this podcast, including Season One, are available at https://www.walterhav.com/podcasts-index/

We practice law, including special education law, at Walter Haverfield in Cleveland, Ohio, and we welcome your suggestions and comments. Please check us out at:

https://www.walterhav.com/professional/miriam-m-pearlmutter/

https://www.walterhav.com/professional/lisa-h-woloszynek/

On the heels of our previous discussion about transgender students' rights in schools, this episode is about the rights of teachers and professors who have strong religious objections to using students' preferred pronouns. Professor Meriwether was fired after he declined to use a student's preferred pronouns, eventually leading to a lawsuit against his former employer. Join Lisa, Miriam, and Elizabeth as we take a deep dive into Meriwether v. Hartop, a fascinating case out of the Sixth Circuit that offers  insight into the complicated and nuanced legal issues that arise when civil rights collide.

Previous seasons of this podcast, including Season One, are available at https://www.walterhav.com/podcasts-index/

We practice law, including special education law, at Walter Haverfield in Cleveland, Ohio, and we welcome your suggestions and comments. Please check us out at:

https://www.walterhav.com/professional/elizabeth-l-bolduc/

https://www.walterhav.com/professional/lisa-h-woloszynek/

https://www.walterhav.com/professional/miriam-m-pearlmutter/

The rights of transgender students is a controversial topic that more and more school districts are facing these days. From name changes to restroom usage and privacy concerns, school administrators are often asked to decide questions that may be novel and challenging for them. Join Lisa, Elizabeth, and Miriam to discuss recent legal developments in this area, including a discussion about a June, 2021 notice from the Office for Civil Rights and important case law out of the Sixth Circuit.

Previous seasons of this podcast, including Season One, are available at https://www.walterhav.com/podcasts-index/

We practice law, including special education law, at Walter Haverfield in Cleveland, Ohio, and we welcome your suggestions and comments. Please check us out at:

https://www.walterhav.com/professional/elizabeth-l-bolduc/

https://www.walterhav.com/professional/lisa-h-woloszynek/

https://www.walterhav.com/professional/miriam-m-pearlmutter/

When Brandi Levy shared a profanity-laced snap after failing to make the varsity cheer team, she probably wasn't envisioning the start of a dispute that would ultimately be decided by the United States Supreme Court.  But after the school district suspended Brandi from cheer, her parents  filed a lawsuit that would culminate in one of the most important free speech decisions of the last several decades. Join Lisa, Elizabeth, and Miriam to discuss off-campus speech and when school districts can discipline students for expression that takes place at home, over the weekend, and away from school grounds. Although First Amendment conflicts are nuanced and fact-specific, we will lay out the general contours of discipline for on and off campus speech and also address how the Mahanoy Area School District v. B.L. decision affects the changing landscape of student rights.

Previous seasons of this podcast, including Season One, are available at https://www.walterhav.com/podcasts-index/

We practice law, including special education law, at Walter Haverfield in Cleveland, Ohio, and we welcome your suggestions and comments. Please check us out at:

https://www.walterhav.com/professional/elizabeth-l-bolduc/

https://www.walterhav.com/professional/lisa-h-woloszynek/

https://www.walterhav.com/professional/miriam-m-pearlmutter/

Like staff and students, parents can have bad days too. But sometimes their conduct crosses a line, leading school administrators to wonder if they can ban hostile or aggressive parents from school grounds altogether. What should school districts consider before taking such a drastic step? What sort of legal challenges can boards anticipate when parents are restricted from school buildings and how can administrators place their districts in the best possible position to have their decisions upheld by a court or agency? Join Lisa, Megan, and Miriam to discuss best legal practices in handling difficult conflicts with badly-behaving parents.

Previous seasons of this podcast, including Season One, are available at https://www.walterhav.com/podcasts-index/

We practice law, including special education law, at Walter Haverfield in Cleveland, Ohio, and we welcome your suggestions and comments. Please check us out at:

https://www.walterhav.com/professional/megan-e-greulich/

https://www.walterhav.com/professional/lisa-h-woloszynek/

https://www.walterhav.com/professional/miriam-m-pearlmutter/

In this episode, Megan, Lisa, and Miriam discuss AJR v. Lute, a fascinating kindergarten bullying case recently decided by the Ohio Supreme Court.  What happened here?  How did these five year olds end up in litigation before the highest court in the state?  How did the lower courts hold, what did the Ohio Supreme Court decide, and most importantly, what can school districts learn from this chain of events? Join us for a candid discussion of how schools can address bullying in a way that not only helps students, but also minimizes school boards' legal liability.

Previous seasons of this podcast, including Season One, are available at https://www.walterhav.com/podcasts-index/

We practice law, including special education law, at Walter Haverfield in Cleveland, Ohio, and we welcome your suggestions and comments. Please check us out at:

https://www.walterhav.com/professional/megan-e-greulich/

https://www.walterhav.com/professional/lisa-h-woloszynek/

https://www.walterhav.com/professional/miriam-m-pearlmutter/

Back in January, we started our discussion of the First Amendment by considering school staff and limits on their speech in a school setting.  Today we continue this conversation by looking at students' Free Speech rights and under what circumstances boards of education can discipline students for their speech. Join Lisa, Megan, and Miriam for a fascinating discussion of on-campus and off-campus speech, as well as what standards apply to each set of circumstances.  Also we offer a sneak peek at the upcoming Supreme Court case on student speech out of the Third Circuit!

Previous seasons of this podcast, including Season One, are available at https://www.walterhav.com/podcasts-index/

We practice law, including special education law, at Walter Haverfield in Cleveland, Ohio, and we welcome your suggestions and comments. Please check us out at:

https://www.walterhav.com/professional/megan-e-greulich/

https://www.walterhav.com/professional/lisa-h-woloszynek/

https://www.walterhav.com/professional/miriam-m-pearlmutter/

The coronavirus vaccine is here and some states, like Ohio, are prioritizing school staff in their immunization schedules. Some school districts may even be considering mandatory vaccines for their employees.  Is this legally advisable?  What about employees who cite religious or health-related reasons for refusing the vaccine? Join Megan Greulich, Lisa Woloszynek, and Miriam Pearlmutter for a thorough and frank conversation about mandatory vaccine programs and important pitfalls to avoid as you consider your district's options.

Previous seasons of this podcast, including Season One, are available at https://www.walterhav.com/podcasts-index/

We practice law, including special education law, at Walter Haverfield in Cleveland, Ohio, and we welcome your suggestions and comments. Please check us out at:

https://www.walterhav.com/professional/megan-e-greulich/

https://www.walterhav.com/professional/lisa-h-woloszynek/

https://www.walterhav.com/professional/miriam-m-pearlmutter/

Welcome to our Fifth Season!  In light of recent socio-political events, you may be wondering about your school staff's free speech rights.  What does the First Amendment cover?  What kind of speech is actually protected by the Constitution? When should school boards be cautious about disciplining a teacher for his or her speech? Is water cooler gossip protected by free speech principles? What about criticism of the Board or other staff? How about social media posts? The answers may surprise you. Join Christina, Lisa, and Miriam for a timely and nuanced look at the First Amendment and how it applies to your school district's employees.

Previous seasons of this podcast, including Season One, are available at https://www.walterhav.com/podcasts-index/

We practice law, including special education law, at Walter Haverfield in Cleveland, Ohio, and we welcome your suggestions and comments. Please check us out at:

https://www.walterhav.com/professional/christina-henagen-peer/

https://www.walterhav.com/professional/lisa-h-woloszynek/

https://www.walterhav.com/professional/miriam-m-pearlmutter/